{"id":16232,"date":"2020-05-15T16:55:22","date_gmt":"2020-05-15T21:55:22","guid":{"rendered":"https:\/\/www.allenandallen.com\/?p=16232"},"modified":"2025-12-02T14:26:04","modified_gmt":"2025-12-02T19:26:04","slug":"me-pueden-demandar-si-le-administro-epinefrina-a-alguien-que-tiene-una-reaccion-alergica","status":"publish","type":"post","link":"https:\/\/www.allenandallen.com\/es\/blog\/can-i-be-sued-if-i-administer-epinephrine-to-someone-who-is-having-an-allergic-reaction\/","title":{"rendered":"\u00bfMe pueden demandar si administro epinefrina a alguien que est\u00e1 teniendo una reacci\u00f3n al\u00e9rgica?"},"content":{"rendered":"
\"epinepherine\"

When anaphylaxis strikes, it is critical to take immediate action.<\/p><\/div>\n

Anaphylaxis is a severe, potentially life-threatening allergic reaction.\u00a0 Individuals who have severe allergies can go into anaphylaxis within seconds or minutes of being exposed to an allergen.[1]<\/a><\/p>\n

Many people at risk of anaphylaxis carry an autoinjector, a device with a concealed needle that injects a single dose of medication when pressed against the thigh.Using an autoinjector immediately can keep anaphylaxis from worsening and could save someone\u2019s life.<\/p>\n

When someone goes into anaphylaxis, it is terrifying.\u00a0 Not only is it traumatic for the individual experiencing a life-threatening emergency, but it can also be distressing for the individuals around them, particularly if it is the first time that the individual has seen anaphylaxis occur.<\/p>\n

Bystanders who want to help might be afraid or reluctant to administer epinephrine to someone having an allergic emergency, for fear that they could be sued for injecting a stranger with a needle.\u00a0 Fortunately, Virginia has enacted Virginia Code \u00a7 8.01-225, also known as the \u201cGood Samaritan Law,\u201d which provides legal protection for individuals who help others in an emergency situation.\u00a0 The purpose of the statute is to encourage individuals to get involved and to provide emergency aid, if possible.<\/p>\n

Can I be sued for administering epinephrine to someone who is having an allergic reaction?<\/h3>\n

In most cases, no.<\/p>\n

Under Virginia\u2019s Good Samaritan Law<\/a>, individuals who render emergency care or assistance at the scene of an accident or in a life-threatening emergency are not liable for civil damages arising from the emergency care or assistance.\u00a0 In order to be protected legally, the statute says that the individual offering the assistance must do so in good faith and without compensation.<\/p>\n

In addition to providing general legal protection, the Good Samaritan Law specifically protects anyone who administers epinephrine in an emergency to an individual if they have reason to believe that the individual is suffering or is about to suffer a life-threatening allergic reaction.[2]<\/a><\/p>\n

An earlier version of the statute only protected \u201cGood Samaritans\u201d who administered epinephrine to individuals who developed anaphylaxis after being stung by an insect (Va. Code Ann. \u00a7 8.01-225(A)(3) (1990)<\/a>. In addition, the earlier version did not protect Good Samaritans<\/a> who were grossly negligent.\u00a0Both of those limitations have been removed.\u00a0 Today, Good Samaritans<\/a> are protected if they administer epinephrine, regardless of the allergen involved and even if they are grossly negligent.<\/p>\n

What if I administer epinephrine to someone who is not actually having an allergic reaction?<\/h3>\n

You are protected<\/a>.\u00a0 The law only requires that you \u201chave reason to believe\u201d that the individual is suffering, or is about to suffer<\/em>, a life-threatening reaction.<\/p>\n

What about children?\u00a0 Do I have to get their parent\u2019s permission before injecting a child with epinephrine?<\/h3>\n

The Good Samaritan Law<\/a> does not require you to get a parent\u2019s permission before administering epinephrine to a child if you believe that the child is having, or is about to have, an anaphylactic reaction.<\/p>\n

What if I am an emergency medical services provider?<\/h3>\n

By law, emergency medical service providers who administer epinephrine are shielded from civil liability as long as they act in good faith and without compensation and have reason to believe that the individual receiving the injection was suffering or was about to suffer a life-threatening anaphylactic reaction.[3]<\/a><\/p>\n

I am an employee or a volunteer who provides outdoor educational experiences or programs for youth.\u00a0 Can I be sued if I administer epinephrine to someone having an allergic reaction?<\/h3>\n

If you are a volunteer, you are protected.\u00a0 Ordinarily, the Good Samaritan Law does not extend to individuals who are paid.\u00a0 However, if (1) you are employed by an organization that provides outdoor educational experiences or programs for youth, (2) the child\u2019s doctor has authorized you or your organization to administer epinephrine in the event of an emergency, (3) you have been trained how to do so, and (4) you believe in good faith that the child is having an allergic reaction, then you are protected.\u00a0 However, you will not be protected if you are grossly negligent or engage in willful and wanton misconduct.[4]<\/a><\/p>\n

What about the organization that I work for?<\/h3>\n

If you volunteer with or are employed by an organization that provides outdoor educational experiences for youth, and you are protected, then the organization that you work for or with is also protected, unless there was gross negligence.[5]<\/a><\/p>\n

I am employed by a school.\u00a0 Am I protected from civil liability, also?<\/h3>\n

Yes.\u00a0 Although the Good Samaritan Law does not ordinarily protect rescuers who are compensated, there is an exception for school employees.<\/p>\n

In 2012 and 2013, the General Assembly extended protections to school nurses and the employees of school boards, as long as they believe in good faith that the student is having an anaphylactic reaction, and the rescuer is not grossly negligent.[6]<\/a><\/p>\n

In 2015, the General Assembly extended the protections to private schools and schools for students with disabilities.[7]<\/a><\/p>\n

In 2017, the General Assembly amended the statute yet again, to include employees who work in institutions of higher education, both public and private.[8]<\/a><\/p>\n

What can I do to help someone who is experiencing anaphylaxis?<\/h3>\n

When anaphylaxis strikes, it is critical to take immediate action.[9]<\/a>\u00a0 If you are with someone who is having an allergic reaction, look to see whether they show signs of going into anaphylactic shock: pale, cool and clammy skin; a weak, rapid pulse; trouble breathing; confusion; and\/or loss of consciousness. \u00a0If they are, then do the following immediately:<\/p>\n